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Cohen, Trump, and Campaign Finance Violations - Legal Aggregate ...
law.stanford.edu
Can you explain the campaign finance violations?
The charges relate to secret payments Cohen facilitated to two women during the presidential election campaign in 2016, to keep them from disclosing their affairs with Donald Trump. One of the women was the adult film actress Stephanie Clifford, who works under the name Stormy Daniels. She was paid $130,000. The other woman was the model Karen McDougal; she received $150,000. The payment to Karen McDougal came from the National Enquirer, with Cohen’s encouragement and assistance. Cohen paid Clifford himself, and then got disguised reimbursements from the Trump Organization.
In effect, the payments to Stephanie Clifford and Karen McDougal were contributions to Donald Trump’s campaign: they were hush money designed to help Donald Trump get elected. And that violated campaign finance laws, because corporations aren’t allowed to contribute directly to presidential campaigns, and individuals can’t contribute more than $2,700.
How does Cohen’s admission of guilt on that implicate his client, President Trump?
Trump is directly incriminated. Cohen said in court that he made the payments at Trump’s direction.
Actually, what Cohen said was that he arranged the payments “in coordination with and at the direction of a candidate for federal office,” but it’s clear that the candidate was Trump. Likewise, the formal charges to which Cohen pleaded guilty don’t name Karen McDougal or Stephanie Clifford or the Trump Organization and the National Enquirer. Instead the prosecutors use placeholder names: “Woman-1,” “Woman-2,” “the Company,” and “Corporation-1.” But it is obvious who and what are being referred to.
How serious are the campaign finance charges?
They’re serious charges for Cohen, and they’re just as serious for Trump. Federal law makes each of the payments punishable by up to five years in prison, and someone who orders the payments is as guilty as the person who actually makes them. Trump isn’t just an unindicted co-conspirator at this point. He’s an unindicted aider and abettor. |
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